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I would like to sue the state of delaware for wrongful

I would like to...

I would like to sue the state of delaware for wrongful actions against me. I am considering going to the news.

Lawyer's Assistant: Have you talked to a DE lawyer about this?

All the lawyers here dance around subjects and they do not keep their clients well informed of the legal process

Lawyer's Assistant: What steps have you taken so far?

I have not taken any actions toward suing yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am a professional with my livelihood being threatened because of a good deed that I did I want to know what my options are but i think I am definitely going to go to the news

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Answered in 1 minute by:
3/28/2018
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 18,167
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Can you tell me more about your situation? What happened? What actions have been taken against you, or are being threatened? What was the good deed that you did, and why do you think that they'rel going after you because of that?

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Customer reply replied 4 months ago
Last April my then 15 year old nephew came to spend the night. The next day his mother called to tell me that he couldn't come back. She had just been evicted and moved and I didn't know her address to drop him off. After 2 weeks of playing the game with my ex sister-in-law, a friend that is a social worker in PA advised me to get temporary custody because he wasn't in school and to protect myself. Unfortunately, I did follow that advice. I enrolled him in an online school to no avail and shortly found out that my nephew was troubled. I made attempts to return him and rescind the custody and DFS got involved and were well aware of the difficulties this child had and that I thought the order was temporary. Christmas came around and his mother emerged wanting her child. I returned him to her only for her to take him to my home while we were away for the holidays and leave him at the police station. I had reached out several times asking for help or guidance in what to do about this situation and received no help at all.!!! My nephew ended up in DFS custody because I was unavailable to get him. I did make attempts and even though he had been taken there and mom took him back earlier in the day, I am being charged with criminal and civil actions that threaten my ability to work and provide for myself and anyone else. I am in complete disbelief that I am being charged and accused of abuse or neglect and that his mother is going about her life as if he doesn't exist. The courts nor DFS have made no attempts to bring any justice to the actual parents of this child.

I declined the phone call request because I think that I can answer your question here. Please give me a few minutes to review your situation and to type a response. Thanks!

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Customer reply replied 4 months ago
If you can’t reply, than please delete my conversation

DFS / CPS / etc... type actions are not my specialty. I didn't understand the background to your situation when I had first responded (in fact, I didn't even know what area of law your question related to in the first place). As such I will opt out and allow another expert who has more expertise to answer your question. Please be patient as someone should assist you.

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Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,862
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am a DIFFERENT CONTRIBUTOR as your previous contributor had to leave.

Before you can sue the state of DE and DFS, you must prove the conduct of the DFS social worker was not only negligent, but GROSSLY negligent in infringing upon your rights. This means that before you can sue DFS, you have to fight the criminal and civil charges from DFS and prove they are not only invalid but DFS conducted such a negligent investigation they have deprived you of your rights to due process.

The issue here is you have a guardianship order and the mother cannot just take the child back and keep the child unless you went back to court and had the guardianship order changed. So while you did make some errors in this, those errors based on what you describe above should not cause you to be charged in most cases and most times these cases will be dismissed based on the facts you describe, but you need to make sure you have a local attorney representing you and get these cases resolved and depending on the evidence discovered in those cases, then you could evaluate the negligence of DFS to seek to sue them.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,862
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you. I do have an attorney. This process is slow and I am losing clients because this misinformation is showing up on background checks.

Thank you for your reply.

You need to clear up the civil and criminal case before you can determine if you have sufficient evidence to sue the state or if the only one at fault here is the mother for coming to take the child and then abandoning the child again.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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